This is an appeal from an examiner’s rejection of Claims
29, 30 and 31. Claims 1-35 are pending in this case. In
response to a restriction requirement under 37 CFR § 1.142(a),
applicant elected to prosecute the invention of Claims 29-31.
Nonelected Claims 1-28 and 32-35 have been withdrawn from
consideration by the examiner in accordance with 37 CFR §
1.142(b).
Claims 29-31 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Ollar, Robert-A. (Ollar), “A Paraffin Baiting
Technique that Enables a Direct Microscopic View of ‘in situ’
Morphology of Nocardia Asteroids with the Acid-Fast or
Fluorescence Staining Procedures,” Zbl. Bakt. Hyg., I. Abt.
Orig. A 234, pp. 81-90 (1976). The examiner entered the
rejection under 35 U.S.C. § 102(b) as a new ground in the
Examiner’s Answer (Paper No. 8, mailed February 16, 1994),
simultaneously withdrew all the appealed final rejections of
Claims 29-31 under 35 U.S.C. § 103 in view of the combined
teachings of Ollar and other prior art, and repeated the new
ground of rejection in the Supplemental Examiner’s Answer
(Paper No. 12). Claims 29-31 read as follows:
29. An apparatus for determining the sensitivity of
MAI to different antibiotics and dosages thereof
comprising:
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